IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9457/2016 BETWEEN:
1. SRI.ANIL KUMAR, S/O. SRI. GOPAL, AGED ABOUT 28 YEARS.
2. SRI.SUNIL KUMAR, S/O. SRI.GOPAL, AGED ABOUT 26 YEARS.
3. SRI.SHASHIKUMAR @ SHASHI S/O. SRI.MUTHAIH, MAJOR.
ALL ARE RESIDING AT DODDALAHALLI VILLAGE, UYYAMBALLI HOBLI, KANAKAPUR TALUK, RAMANAGARA DISTRICT – 562 117 …PETITIONERS (BY SRI.BASAVARAJU P, ADVOCATE) AND:
STATE BY SATHNOOR POLICE STATION, KANAKAPUR TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT TO THEIR ARREST IN CRIME NO.179/2012 OF SATHNOOR POLICE STATION, RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 307 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail in Crime No.179/2012 registered by Sathnoor Police Station, for offences punishable under Section 307 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State and perused the material papers.
3. The case of the prosecution as per the complaint filed by father of the victim dated 10.11.2012, is that his son Basavaraju, the victim was assaulted on 8.11.2012 at about 7.00 pm., by some unknown persons. Learned counsel for the petitioner adverted to three statements of the complainant, complainant’s wife and the victim dated 2.1.2013, wherein the names of the petitioners are mentioned as having assaulted the victim. He further adverted to the wound certificate dated 29.1.2013 issued by Udhbhava Hospital, Bangalore, which shows that the injuries are grievous in nature. He pointed out that in the wound certificate, the date of admission is mentioned as 8.11.2012, but time is not forthcoming.
4. He, drew the attention of this Court to the charge sheet dated 23.9.2013 filed by the police and contended that the petitioners have not been arrested, but charge sheet has been filed. This has resulted in a situation wherein petitioners shall be taken into custody if they appear before the learned Magistrate, as the offences are triable by Court of sessions. In the circumstances, he prays that the petitioners be granted anticipatory bail.
5. The learned High Court Government Pleader opposes the petition on the ground that the wound certificate shows that the injuries are grievous in nature.
6. The chronological events of the case as indicated above shows that the petitioners are accused based on the further statements of the complainant, complainant’s wife and the victim all dated 2.1.2013 for the offence, which is said to have taken place on 8.11.2012. There is also a delay of two days in filing the complaint. The apprehension of petitioners arrest is well founded.
7. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) In the event of arrest or voluntary surrender of petitioners in Crime No.179/2012 before the jurisdictional Police or Magistrate on or before 13.3.2017, they shall be released on bail upon their executing a self bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the investigating officer;
(ii) Petitioners shall co-operate with the Investigating Officer if so called upon for any further investigation and appear as and when called upon;
(iii) Petitioners shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or investigating officer;
(iv) Petitioners shall not involve themselves in any criminal activities; and (v) If the petitioners violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE PB